advice needed - full time studies on I-485

[TheRealCanadian]

It's for future employment during the labor certification process. Once in the AOS stage, it is current employment that the USCIS is looking for. ... The USCIS are looking for current job duties, salary statements, etc. (facts and objectivity) to verify that you currently have a legitimate job matching the LC and I-140 and have complied with the rules of the AOS game.

The problem with your assertion is that the "rules of the AOS game" don't require this at all. Permanent employment is ALWAYS future employment, at every step of the game. USCIS cannot require that the alien beneficiary already be employed at the I-140 stage, since a huge number of I-140s are filed on behalf of aliens currently outside the US, who have no legal ability to enter until the immigrant visa is issued.

The best way of proving intent, ability to pay, etc. for the future job is to already be hired by the employer in that position at the LC wage. That's why USCIS makes a lot of I-140 hurdles like ability to pay exceptionally easy if already in the LC job with the sponsoring employer. However, there is no requirement at any stage to be in the LC job or at the LC wage. If USCIS decides to question you, your job convincing them will be more difficult but it can be done.

In cases where there is a grey area, I always take the conservative route in order to not even coming close to potentially violating immigration policies. I don't want the USCIS to have anything on me that can cause them to deny my GC. Also, I believe that being offered the opportunity to immigrate to the US is something I am very grearful for and want to be the moral and ethical immigrant that Americans expect from immigrants.

That's a valid route to take, but keep in mind that the most conservative course doesn't always get you to the goal you want - and it's two totally different situations, taking advantage of the legal flexibility that the INA offers you, and being "moral and ethical". You do both at the same time.

 

[TOLDOL]

Hi,

One quick question. Can one pursue education (part time) and do a full time job with approved 140 and pending 485?

 

[TheRealCanadian]

Can one pursue education (part time) and do a full time job with approved 140 and pending 485?

Absolutely.

 

[nato]

In Theory yes, practically ask your friend to do a payroll for you

I am in my final year of H1 with an approved I-140. Now of course since the current GC process is screwed up because of the priority dates issue, it has also screwed up my plans for studying full time with a GC in hand..never did i imagine this issue cropping up.

Now, I dont want to wait forever to study - i know one would rather have a GC and can do an MBA later, but hey how long is one supposed to wait? you never know what will happen next year or the year after..So, i have decided to study come what may but at the same time i am trying to see if i can get around to still getting a GC by showing that i am employed on I-485. From what I have read in some postings, if an employee-employer relationship is maintained, one can study with just a I-485 receipt. But is that something which a school can validate and let you study that way? won't they oppose anyone working full time (even though it might be a fake job with a friend's company) and studying full time?

On the immigration front, my other option is to ask my wife to start her GC process but thats a drag..more money and then she has to remain with this employer(contracter)..and then get an EAD assuming the upcoming bill gets passed which will let me file for I-485 even with PD not current.

final option - canadian immigration and applying to a canadian school as a backup

 

[puhrince]

thats quite a lot of conflicting info but really informative..thanx guys! I guess I shall go ahead and check with the attorney - only problem is that she charges $300/hr and most of her answers are like staple diet..i shall update this thread with more once I hear from her..until then if anyone else points out additional info, it will be appreciated!
by the way, the current immigration bills being discussed won't speed up the advance of PD's the way we want will it? I thought that the pending Ed Kennedy
bill wud resolve the retrogression issue.

 

[atmaramji]

TOLDOL,

I was also wondering if we could do a part-time MBA while on 485, approved 140.
Have you looked further into the avenues..and the possibility of getting in-state tuition etc?

 

[explorer_inc]

Please Contact-masala dosa and purhnice

Please contact me at pv75@yahoo.com
your case is similar to mine
i need to know what ur current decision is
Thanks

Masala dosa and purhnice:

Please contact me at: explorer_first_inc@yahoo.com.
I am in the same boat as you guys. Let us discuss our strategy to go forward. Thanks, Explorer.

 

[puhrince]

sorry masala & explorer - i read your messages quite late (am not subscribed to get automatic email notifications).

anyways my plans have changed - since the PD is not moving forward at all and my hopes of EAD had finished, I have decided to go full time at a top bschool in Canada. I am getting away from this load of crap of US immigration.

At the same time, the other problem is that I can't go back to F1. Apparently since your I-140 (intent to immigrate) is approved, you probably won't get a F1 approval too (non-immigrant visa). So what I am left with? One option - ask my wife (who is on H1) to start her GC process, I go on H4 and hope the immigration scene gets resolved here and then hope I get EAD to be able to get internships or at least when I graduate...but NO - this is all hopeful..

since I am not bent upon staying in US for the rest of my life, i can always come back here if i want..so screw this and am off to Toronto later this fall.

 

[explorer_inc]

Congrats Puhrince!

Wonderful news! I think you are making a right decision. I have heard Toronto is a beautiful place. Do keep in touch! Explorer.

sorry masala & explorer - i read your messages quite late (am not subscribed to get automatic email notifications).

anyways my plans have changed - since the PD is not moving forward at all and my hopes of EAD had finished, I have decided to go full time at a top bschool in Canada. I am getting away from this load of crap of US immigration.

At the same time, the other problem is that I can't go back to F1. Apparently since your I-140 (intent to immigrate) is approved, you probably won't get a F1 approval too (non-immigrant visa). So what I am left with? One option - ask my wife (who is on H1) to start her GC process, I go on H4 and hope the immigration scene gets resolved here and then hope I get EAD to be able to get internships or at least when I graduate...but NO - this is all hopeful..

since I am not bent upon staying in US for the rest of my life, i can always come back here if i want..so screw this and am off to Toronto later this fall.

 

[puhrince]

thanks! and no problem..yes Toronto is a great city and the 3rd biggest financial hub in North America - so if one wants to think of finance post graduation, thats one place to be, has very good public transportation..the best part is spouses of students get automatic work permits - so my wife can look for jobs in downtown without having to worry about work authorization like here.

LEt me know if u need any help on any other matter regd this or even schools.